What is Trademark Registration?
A Trademark is a brand name, which mainly includes any name, word, symbol, or any combination used or intended to be used to differentiate the goods or services of one person/organization from others. Relevance Of Registering Trademark in India
According to Section 2(m) of Trademark Act, 1999, “Mark includes a device, brand, label, heading, ticket, name, signature, letter, word, numeral, shape of goods, packaging or combination of colors or any combination thereof”.
Trademark grants the exclusive and absolute right to use the registered trademark and thus to file suit against any person who misuses such registered trademark.
In this cut-throat competition era, every entrepreneur wants to stand out from the crowd and build his own image in the market.
No wise entrepreneur wants to leave any screw loose to let its competitor moving faster and therefore, right from the first day such a businessman starts focusing on business promotion and try to distinguish his business idea from his competitors.
In this process of moving ahead, one must not forget to register the brand, in other words, register the unique Trademark, which is the first step to protect the business identity and create a niche market for oneself.
The department of intellectual property rights deals with brand registration as well as providing the owner of the brand with the legal rights to safeguard the goodwill or brand value in the market.
What are the legal essentials of Trademark Registration?
Legal essentials of Trademark – Section 2(zb)
- Mark must be capable of being graphically represented
- Capable of distinguishing goods or services of one person from of others
- It may include shape of goods, their packaging and combination of colours
What is the Term of Trademark Registration?
Trademark can be registered and unregistered both. When the trademark is not registered but the application for trademark has been submitted then the business can use ™ (for goods) or SM (for services) symbol to represent trademark and ® symbol in case of registered trademark. Trademark Registration is given for 10 years and then it can be renewed by following the prescribed procedure.
What are the details/documents required for Trademark Registration?
If you are searching for how to register a trademark online then you must first know the documents checklist for Trademark.
From Trademark Owner
- Name + Identity Proof
(Write the name of Company or Firm or Individual, in whose name the trademark to be registered)
- Type of Organization/Owner
- Full Address Proof
- Full name of all the Partners/Directors/Trustees
(Not required in case of Individual or Proprietorship applicants)
- Full name and PAN of the person who will sign Authorization Letter (i.e. on behalf of company/LLP/firm/trust)
- Residence address, Age, Nationality, Mobile No. & Email Id of the Signatory
- Brand Name for Trademark
- LOGO of the Trademark
- Trademark can be applied even without a LOGO.
- You can also send the LOGO separately in an email attachment
- Logo/Image Explanation: Explain in 2- 3 lines the image or style or figure or design of logo
- Trade description of Goods/Services
(Please write exact goods or services sold / promoted under this brand name, in 3-4 lines. Include only specific goods or services name)
- User Date of the Brand/Mark
Please select any one option:
- Proposed to be used/to be used in future
- Already in use (If already in use write the date since when brand is in use) Please refer to the below Important Note regarding user affidavit.
How to register a trademark online in India?
- Choose a unique and Unregistered Trademark
- Application for Trademark (Section 18)
- Examination of application by Registrar
- Registration Certificate
What are the benefits of Trademark Registration?
- A registered trademark can be used as a good communicator of a business’s brand. The usage of specific words, symbols or designs enables businessmen to create a unique message regarding the business. This also enables the customers to associate such words, symbols or designs with that specific business organization only.
- Filing a trademark assures the trademarked object is not used unethically by any other company or individual. The company can use the registered symbol (®) once the trademark is filed. The logo is evidence of the fact that the trademark is already registered and cannot be applied by another individual or another company. In the case of illegal usage, the person who holds the trademark can decide to sue the other person.
- The value of the trademark appreciates with time and size of business and if at any point of time, the businessman decides to sell its business, the registered trademark would increase the overall worth of the company.
- Advertising sales – A registered trademark/brand can act as an effective commercial tool of communication to drag the customer’s attention as the Brand act as a crucial factor in consumer’s purchasing decision
- Every person’s dream is to work with a registered and well-known brand. Brands generally tend to generate positivity in the minds of the people and thus employment opportunities are likely to be more attractive for the candidates.
- A product or service being sold under a registered trademark back in developing up trust, safety, quality, and goodwill in the minds of customers and gives a unique identity to business when compared with other sellers.
- Creation of intangible asset – A trademark is intellectual property for the organization and can be a valuable asset in case the brand builds a name and succeeds. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor.
Trademark registration service should not be anticipated only as a protection tool rather it is a promotional tool of the business because it conveys the idea of start-up/business to the general public at large.
Just imagine the Trademark Registration service of any company; isn’t it the whole picture of that business rotating in your brain? This is the magic of the trademark, which leaves the impression of that mark on the consumer’s brain. So, firstly one must know how to register a trademark online as the registration of the Trademark is the first step of advertising of startup. Even, most of the people do not remember the name of the company but remember its Trademark.
Importance of the registering trademark must have been vibrant from the above-mentioned benefits so being a prudent businessman, one should not give a second thought about registering his trademark.Apply for Trademark Registration
Trademark Registration in India